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Old April 3rd, 2013, 10:24 PM
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Default Cruise problem: Jones Act penalty

Hi,

Got questions for the penalty for Jones Act when embarking and debarking at different port, but stopped at foreign port in the middle.

Here was the situation.

My relative brought ticket for a 5 days cruise trip with routes:
Miami, FL (day 1) -> Key West, FL (day 2) -> Cozumel, Mexico (day3-4), Miami, FL (day5)

However, she missed the flight to Miami, FL on day 1, so she took another flight to Key West, FL and caught the cruise ship on Day 2 and embarked there, and the employee asked her to sign a letter to pay $300 as the penalty of against Jones Act.

The cruise left Key West and stopped at Cozumel Mexico, my relative had fun there, and then the cruise returned directly to Miami, FL.

We got the penalty letter now, and it says we can appeal.

In this case, does my relative break the Jones Act law? Can we ask the penalty back?



Thanks.
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Old April 4th, 2013, 07:33 AM
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She sailed from an American port to an American port just like everyone else on the ship. They didn't violate Jones Act so she should appeal.
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Old April 4th, 2013, 11:03 AM
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Quote:
Originally Posted by devilsadvocate View Post
She sailed from an American port to an American port just like everyone else on the ship. They didn't violate Jones Act so she should appeal.

Sadly, that's not the case. One must sail from and return to the SAME US port. The return trip makes it legal.

One city to another does violate the act.

But, if they said you can appeal, why not appeal. Perhaps, because of the extenuating circumstances they will grant you an exemption.
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Old April 4th, 2013, 11:45 AM
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Thanks guys for the help.

Here I found a more detailed explanations in this forum.

Anyone encounter this situation


Basically, she is subjected to the law and has to be fined.

With a non-US ship (most cases cruise ships are non-US operated), it is against the PSVA/Jones Act law if embark and debark at two different US ports, unless the ship stop at a far/distant foreign port.

The "far/distant foreign port" is quite far: "Aruba/Bonaire/Curacao to the south, Kiribati Republic to the West, and Europe to the East"


In our case, Cozumel, Mexico is not far enough....

Also, if due to emergency like illness, you could debark at different place, as explained here:
https://help.cbp.gov/app/answers/detail/a_id/709

Now, these two pages complete my understanding of the PSVA/Jones Act law.
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Old April 4th, 2013, 12:23 PM
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I've seen repos that start and end in different US ports, Tampa to Boston for instance. They don't go to Aruba...
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Old April 4th, 2013, 12:34 PM
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CARNIVAL Freedom broke the loop last week when they pick up people in Grand Cayman or Jamaica that why there was a delay last sunday.Look up on C.C did sequestration really cause weekend cruise ship delays hope it helps you.
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Old April 4th, 2013, 01:12 PM
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Quote:
Originally Posted by aerospace View Post
I've seen repos that start and end in different US ports, Tampa to Boston for instance. They don't go to Aruba...
I bet you haven't. Same reason the Carnival Glory is sailing from NYC to Boston empty in a few weeks when she repos. However in February when the Carnival Valor repo'ed from Miami to San Juan she did carry passengers. Lot's of fine print in the law....basically San Juan has an exemption.

Kuki is exactly correct. Closed loop.
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Old April 6th, 2013, 10:30 AM
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I had cruise from Quebec to Tampa cancelled because of Jones Law. Cruise was on ship that had cruise start in Boston and go to Quebec. The second cruise the day after the first cruise ended on the same ship. Cruise company said Jones Law violation, we cannot and will not book this cruise. My understanding was that they would also suffer financial penalties if they did book the cruise. I gave up on that cruise and when I caw the airfare from my home town to Quebec {$600}. I cancelled any hopes of doing that cruise. Apparently Jones Act does have a lot of fine printing in it.
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Old April 6th, 2013, 10:54 AM
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In fact I did, almost booked it because it was very cheap but decided on bahamas instead
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Old April 6th, 2013, 11:40 AM
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NCL does a Tampa to Boston, but it stops in Aruba to satisfy the PVSA. Calling it the Jones Act is an error.

Ports of Call: Tampa; George Town, Grand Cayman; Oranjestad, Aruba; Willemstad, Curacao; Philipsburg, St. Maarten; St. Thomas, US Virgin Islands; Boston
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